Radio host Kyle Sandilands has been subpoenaed to produce text messages and emails as part of his former co-host Jackie 'O' Henderson's $82 million Federal Court case against employer ARN. Henderson is suing ARN for unfair dismissal, alleging the company took unlawful "adverse action" after she raised concerns about Sandilands.
The subpoena requires Sandilands to hand over communications exchanged with Henderson and those concerning her during the period leading up to the termination of their long-running KIIS FM breakfast show. He has also been ordered to appear as a witness in the trial, which is anticipated to commence next month.
This legal action stems from the dissolution of the professional relationship between Henderson and Sandilands, and the subsequent cancellation of their reported $100 million, 10-year contracts in March. Sandilands himself had previously initiated a legal dispute with ARN, seeking $85 million, which was reportedly settled for $12 million after negotiations with former chief executive Ciaran Davis.
During his earlier legal battle, Sandilands provided a detailed account of the deterioration of his relationship with Henderson to the Federal Court. ARN has since received permission to use this account in its defense against Henderson's claim. Additionally, ARN has been granted access to a court-ordered medical examination Henderson underwent with clinical psychologist Dr. Justine Corry, as well as materials from a subpoena issued to Dr. Emma Agnew.
Further private communications may become part of the case, as Henderson's manager Gemma O'Neill and entertainment reporter Peter Ford were also subpoenaed to produce documents. ARN is expected to seek access to the material they provide, which could offer additional insight into the events surrounding the end of the breakfast program.
Henderson has not reached a settlement with ARN and is proceeding with her legal claim. While the case is expected to go to trial, a resolution before then remains possible, similar to Sandilands' separate dispute with ARN. The Federal Court proceedings are likely to involve testimony from several key figures, including Sandilands himself.
In related news, Sandilands has been absent from his new subscription-only show, "Kyle Sandilands Live," for several days since its debut in mid-August. His absences have been attributed to illness, with one instance causing confusion among staff about whether it was a physical ailment or a "mental health day." Sandilands received the subpoena for the Henderson case live on air on a Wednesday, an event orchestrated by his manager.
The legal proceedings come after Sandilands publicly disclosed his emotional reaction to learning of Henderson's post-traumatic stress disorder diagnosis, which was referenced in a medical report by Dr. Jonathan Phillips as part of her lawsuit. Sandilands had expressed hurt and disbelief at allegations in court documents, stating they did not align with his memory of events.